Anti-Arbitration Injunctions: Walking the Tightrope

Arbitration International (Oxford University Press) 2020

26 Pages Posted: 13 Jan 2022

See all articles by Richard Garnett

Richard Garnett

University of Melbourne - Law School

Date Written: 2020

Abstract

Anti-arbitration injunctions are a controversial issue in the field of international arbitration. While some commentators decry them as an interference with the autonomy and independence of arbitrators, English and other common law courts steadfastly refuse to renounce them entirely. By reference to the framework established in recent decisions of the English Court of Appeal, the article seeks to forge a middle path between making anti-arbitration injunctions available on a discretionary, case management basis and prohibiting them in all cases. An approach that respects both the rights of arbitrators to determine their own jurisdiction and the rights of courts to protect parties from abuse of the arbitral process is advocated.

This article was first published by Oxford University Press on behalf of the London Court of International Arbitration: ‘Anti-arbitration Injunctions: Walking the Tightrope’ (2020) 36 Arbitration International 347-372.

Note: This article was first published by Oxford University Press on behalf of the London Court of International Arbitration: ‘Anti-arbitration Injunctions: Walking the Tightrope’ (2020) 36 Arbitration International 347-372.

Suggested Citation

Garnett, Richard, Anti-Arbitration Injunctions: Walking the Tightrope (2020). Arbitration International (Oxford University Press) 2020, Available at SSRN: https://ssrn.com/abstract=3971942

Richard Garnett (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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